This document constitutes a legally binding agreement. Please read it carefully.
By clicking the “I Accept and Agree” button, you (“You”) agree to abide by the following terms and conditions (“Terms and Conditions”) respecting Your use of the services provided by Update Lane, Inc and its designees (“Update Lane”), including but not limited to those online communications services accessed via www.updatelane.com (the “Service”).
In consideration of your use of the Service, You represent and warrant the following:
1. You are of legal age to form a binding contract and Your use of the Service does not violate the laws or regulations of the United States or other applicable jurisdiction.
2. You will provide and maintain true, accurate, current and complete user account registration information about yourself, including valid credit card information for all subscription Services (the "Registration Data").
3. You agree to pay the then-current fees as set forth on www.updatelane.com with respect to Your selected Services.
4. You will maintain confidentiality regarding Your password, and refrain from sharing it with third parties except as expressly provided herein.
5. You own or control all rights in and to all postings, messages, text, files, images, sounds, or other materials ("Content") that You submit, post, transmit or store, on or through the Service, and have the right to grant the rights set forth herein.
6. You will not use the Service to post, transmit, or store Content which:
A. Violates any law, regulation, intellectual property right, fiduciary duty, third party right;
B. Is threatening, harassing, obscene, sexually explicit, indecent or defamatory;
C. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
7. You will not reproduce, publish, or distribute Content provided by Update Lane or its other users, in whole or in part, except as expressly permitted herein.
8. You will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You understand that Update Lane does not control, pre-screen or approve Content made available through the Service by its users, and makes no representations or warranties regarding the accuracy, integrity, quality or completeness of such Content. You agree to evaluate, and bear all risks associated with the use of any Content, and that under no circumstances will Update Lane be liable in any way for any loss or damage of any kind incurred as a result of Your use thereof. You understand that by using the Service, you may be exposed to Content that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Update Lane site and Content available through the Service may contain links to other websites, which are completely independent of Update Lane, and Update Lane makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Update Lane reserves the right to refuse, delete or move any Content that is available via the Service for any reason.
1. You hereby grant Update Lane the following worldwide, perpetual, royalty-free, non-exclusive, sublicensable and transferable rights and licenses with respect to all Content you submit to Update Lane:
A. to host, cache, store, archive, index, create algorithms based on, modify or transcode the submitted Content to appropriate media formats, standards or mediums as part of the Service;
B. to use, distribute, reproduce, publicly perform and/or display, modify, adapt, or prepare derivative works of the submitted Content in connection with the Service, including its third party affiliates and licensees; and
C. to use, distribute, reproduce, publicly perform and/or display, the submitted Content in connection with advertising, promotional or commercial purposes in connection with the Services, including its third party affiliates and licensees.
2. By submitting Content for inclusion into the Service, You also grant to Update Lane registered users the following non-exclusive license:
A. to access, distribute, display and/or perform the submitted Content through the Service, third-party web sites and the Internet generally;
B. to review, comment on, and tag the submitted Content.
You retain ownership and/or control over Your Content that You submit for inclusion into the Service, and You are solely responsible for payment of all royalties, fees, and any other monies owing any person or entity by reason of the exploitation of any Content submitted by You on or through the Services. Notwithstanding the foregoing, Update lane shall use commercially reasonable efforts to remove any or all of the submitted Content within thirty (30) days of receipt of written notice from You requesting removal of specified submitted Content.
You acknowledge and agree that Update Lane, the Service, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Update Lane, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Update Lane immediately by email at pleasedontcopyme@updatelane.com.
As used herein, a single “transaction” refers to the ability of a user to access the Services for the purpose of conducting one real estate sales transaction via the Services. Transactions are initially sold as an “inactive” credit to a user’s account, which may then be activated by the user or assigned to another user as a sponsored transaction. A transaction becomes “active” only after specific real estate listing information (i.e. address) is assigned to it by the controlling real estate representative, at which point other users may be provided access to that transaction for the purpose of supplying or receiving information regarding that listing.
You will be billed for each transaction in accordance with the then-current fee schedule set forth on www.updatelane.com. You may be billed additional charges for active transactions that are not completed within twelve (12) months after a property address is assigned to it. Update Lane may, but is not required, to offer You an option to extend the transaction term for an additional twelve month period to be effective upon expiration of the then-current term.
If You sponsor a transaction for another Update Lane member, You cannot terminate or rescind the transaction once sponsored. The transaction will remain in the member account until the user decides to accept or reject the transaction. Any third party can sponsor a transaction for an Update Lane member.
Your interactions with third parties found on or through Update Lane, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The choice to accept a transaction from a sponsor is entirely yours.
When You manage a transaction, You are solely responsible for adding guest users and their respective privileges within the transaction. You agree that Update Lane shall not be responsible or liable for any loss or damage of any sort incurred as the result of You assigning a guest user to view more of the transaction than you intended, or if you fail to assign a guest user that you wanted to add.
Subscription Services (e.g., advanced broker reporting, extra storage, and agent website packages) are provided on a pre-pay annual or monthly basis (as specified for each individual service) commencing on the date that you sign up for the Service. Subscription Services will be automatically renewed at end of the term, and Your credit card will be automatically and immediately charged the then-current fee. All fees are non-refundable and non-creditable. All currency references are in U.S. dollars.
You may cancel Subscription Services by providing Update Lane with written notice no less than thirty (30) days prior to the end of the pre-paid term. Cancellation notices may be sent to iamdone@updatelane.com, and will be effective at the end of the pre-paid term.
You acknowledge that Update Lane may establish general practices and limits concerning use of the Service, including without limitation the maximum term of a transaction, number of days that uploaded Content will be retained by the Service before being archived by the Service, the maximum size of any uploaded or posted file or material, the maximum disk space that will be allotted on Update Lane's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that Update Lane reserves the right to log off accounts that are inactive for an extended period of time.
Any advertisements supplied by Update Lane or its advertisers will not replace a transaction sponsor’s company logo(s) or information. You agree not to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose. You agree that Update Lane shall not be liable for any loss or damage of any sort incurred as the result of Your dealings with advertisers on the Service.
We may use your contact information in order to send you e-mail or other communications regarding updates to the Service, to contact you about your opinion of current products and services, or potential new products and services that may be offered by Update Lane. In addition, you may receive free informational newsletters from us relating to topics that may be of special interest to you. If you have provided consent, we may also use the information we gather to inform you of other products or services available from our affiliated companies.
If you are a property seller requesting, or have requested an agent, You agree to allow Update Lane to contact You to find You an agent and to follow-up with You from time to time to ensure the satisfaction with the service provided to You by Your agent and Update Lane and the progress of the sale of Your property.
Update Lane reserves the right at any time to modify or discontinue, temporarily or permanently, or terminate the Service (or any part thereof) with or without notice. Without limiting the foregoing, Update Lane may immediately suspend or terminate your Update Lane account and access to the Service without prior notice in the event of (a) breach or violation of the Terms and Conditions, (b) request by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service or any part thereof, (e) unexpected technical or security issues or problems, (f) extended period of inactivity, (g) engagement by you in fraudulent or illegal activity, and/or (h) nonpayment of any fees owed by you in connection with the Services. You agree that Update Lane shall not be liable to you or to any third party for any modification, suspension or termination of the Service.
All of the information contained in Your account will immediately become inaccessible upon termination, and Update Lane accepts no liability for information that is thereafter modified, deleted or lost. Update lane may retain an archival copy of your transactional information, which is not accessible on the Internet. You may thereafter gain access or possibly restore Your archived transactions by contacting Update Lane and payment of the then-current fee set forth at www.updatelane.com.
Update Lane may request that You provide personal information, including Your name, address, e-mail address, telephone number, credit card number, contact information, billing information and similar information in order to provide the Services. Update Lane may also gather information about Your use of the Services and computer hardware and software information. Update Lane uses this information for the purpose of operating and improving the Services, notifying You of Service updates and administrative messages, and determining Your potential interest in receiving communications about particular products or services.
Update Lane does not disclose personal information to third parties without Your consent, except to employees and contractors on a confidential basis in order to provide the Services, or as reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Update Lane, its users and the public.
Update Lane does share aggregated anonymous information with its clients, partners and other third parties so that they can analyze Update Lane’s users and functions. If you are an agent affiliated with a broker, your broker may sponsor your listings and may participate in an advanced reporting service which allows them to track the status and activities of all of their agents listings throughout the marketing and closing process. Your client’s personal information is not disclosed.
Update Lane has implemented commercially reasonable technical and organizational measures, including but not limited to encryption technology and duel dedicated servers, designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, Update Lane does not guarantee against unauthorized access by third parties, or that any files uploaded or downloaded from the Service are free from viruses. You may not attempt to override or circumvent any of the security measures embedded into the Service.
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Update Lane and its designees, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Update Lane and its designees, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet Your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; (v) any errors in the software will be corrected or (vi) that any messages, communications or Content will be maintained or transmitted by the Service.
c. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Update Lane or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions.
You understand and agree that Update Lane and its designees, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Update Lane has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
In the event that You have a dispute with one or more other users, you hereby release Update Lane, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of god, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the internet (not resulting from the actions or inactions of Update Lane), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Update Lane is unable to provide service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel any on-going Service(s), but there shall be no liability on the part of Update Lane to issue refunds or credits.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between Update Lane and You. Neither Update Lane nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein. You further agree that there shall be no third-party beneficiaries to this agreement.
The Terms and Conditions constitutes the entire agreement between you and Update Lane and governs your use of the Service, superseding any prior oral or written agreements between you and Update Lane with respect to the Service. These Terms and Conditions may be amended by Update Lane at any time without notice to You. The most current version of the Terms and Conditions can be viewed by logging on to www.updatelate.com, and Your continued use of the Service will constitute Your acceptance of such amendment.
The Terms and Conditions and the relationship between you and Update Lane shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Update Lane agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Indiana.
The failure of Update Lane to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify and hold Update Lane, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms and Conditions, Your breach of any of the representations and warranties herein, or Your violation of any rights of another.
This addendum to the Terms and Conditions covers the users understanding and acceptance of the pre-release version of Update Lane (a.k.a. “Beta”). All Terms and Conditions shall remain in full force and effect except as expressly provided herein.
You acknowledge and understand that the pre-release of Update Lane is free for you to use. The pre-release is a test release that may contain operating errors, and you assume all risks associated therewith. Update Lane has made reasonable efforts to minimize any errors but does not guarantee that you will not experience any errors. Update Lane’s intention for the pre-release is to gather your input and feedback on the Service and find any last errors in order to make final improvements prior to the actual launch of the Service. By participating in the pre-release, You agree to participate provide feedback to Update Lane when you find an operating error or an area where Update Lane could improve the user experience or the logic of the Service. You agree to allow Update Lane to contact you by phone, email, or mail to gain an understanding of your user experience.
During the pre-release, you can send free sponsored transactions to as many agents as you want using the agents email address. The sponsored transaction will remain in the agents Update Lane account (or will be waiting for them in their account when they register using their email address). Provided the agent assigns a listing to the transaction, the sponsored transaction will remain in use until the property closes or after twelve months from the initiation date of the transaction, whichever is sooner. When Update Lane officially releases, unused transactions will automatically expire and will be removed from yours and your sponsored agents Update Lane account. If you would like to sponsor a transaction for an agent after the official launch, you will need to purchase a transaction.
Get as many of your colleagues involved now while it’s free!!!